The loss of a loved one is devastating and it is likely that the last thing
on your family’s mind is filing a lawsuit. However, to ensure your
family obtains the compensation they need and deserve during this difficult
time, it is important to act quickly and to hold the responsible party
accountable for their actions. In Texas, the statute of limitations for
filing a wrongful death claim is generally two years, beginning on the
date of the person’s death.
When it comes to filing a wrongful death claim, the state of Texas only
allows certain family members, or statutory beneficiaries, to file a wrongful
death claim on behalf of the decedent.
Defining a Statutory Beneficiary
Not all family members are eligible for filing a wrongful death claim.
According to the Texas Wrongful Death Act, family members who are allowed
to sue for damages when a relative is wrongfully killed include:
- Parents of the deceased person
- The spouse of the deceased person, including those involved in a common
- Children of the deceased person, whether biological or adopted
Any of these statutory beneficiaries would be entitled to file a claim
for compensation for their own mental anguish and suffering.
Who Cannot File a Claim?
There are, of course, some who are excluded from filing a wrongful death
lawsuit. In Texas the following individuals cannot file a wrongful death lawsuit:
- Siblings of the deceased person
- Un-adopted stepchildren of the deceased person
- Boyfriends or girlfriends of the deceased person
- Grandparents of the deceased person
Essentially, the court decided that these family members are too removed
to benefit from the legal standing to make this type of claim.
Experienced Wrongful Death Attorneys in Odessa
If you lost a loved one in an accident that was caused by the negligent
actions of another party, you need to obtain skilled legal representation
to obtain the fair and just compensation you deserve. At Dean Law Firm
in Odessa, our knowledgeable
wrongful death attorneys in Odessa have the experience and insight to effectively represent
you and hold the responsible party accountable for their action. Backed
by a proven track record of success, you can rest assured that your case
will be in good hands with our legal team.
Get started on your wrongful death lawsuit today and
contact our law firm at (432) 214-8125 to request a free initial case evaluation
with one of our attorneys.